Industrial Relations Commission of New South Wales CITATION : Clerical Employees in Metropolitan Newspapers (State) Award [2004] NSWIRComm 231 APPLICANT: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union PARTIES : RESPONDENT: Printing and Allied Trades Employers' Association Australian Suburban Newspapers' Association Fairfax Community Newspapers and Eastern Suburbs Newspapers Pty Limited FILE NUMBER: 3786 of 2004 CORAM: Sams DP CATCHWORDS : Application to vary award - monetary rates and allowances - consent of parties - State Wage Case Principles - application granted. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case 2004 [2004] NSWIRComm 148 HEARING DATES: 07/16/2004 EXTEMPORE JUDGMENT DATE : 07/16/2004 APPLICANT: Mr B Kruse, United Services Union LEGAL REPRESENTATIVES: RESPONDENT: Mr T Abrams, Printing and Allied Trades Employers' Association and the Australian Suburban Newspapers' Association Mr J Tamplin, Fairfax Community Newspapers and Eastern Suburbs Newspapers Pty Ltd JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 19 August 2004 Matter No. IRC04/3786 CLERICAL EMPLOYEES IN METROPOLITAN NEWSPAPERS (STATE) AWARD Application by the New South Wales, Local Government Clerical, Administrative, Energy, Airlines and Utilities Union for variation re State Wage Case 2004 DECISION ( Ex Tempore ) [2004] NSWIRComm 231 1 This is an application, pursuant to s17 of the Industrial Relations Act 1996 ('the Act'), filed by the New South Wales Local Government Clerical, Administrative, Energy, Airlines and Utilities Union ('the applicant') to vary the Clerical Employees in Metropolitan Newspapers (State) Award 311 IG 823 ('the Award') to give effect to the wage and allowance increases available pursuant to the State Wage Case 2004 [2004] NSWIRComm 148. 2 At a hearing of the matter on 26 July 2004, Mr B Kruse appeared for the applicant, Mr T Abrams for the Printing and Allied Trades Employers' Association and the Australian Suburban Newspapers' Association and Mr J Tamplin for Fairfax Community Newspapers and Eastern Suburbs Newspapers Pty Limited ('the respondents'). Correspondence was also received from News Ltd in which the company consented to the application. 3 Mr Kruse sought the approval of the Commission for a variation of the Award in terms of an amended schedule marked as Exhibit 1 in the proceedings. 4 While all the respondent parties consented to the application, Mr Tamplin sought a short period to check the calculations. The Commission granted a period of 7 days and unless otherwise advised, the Award would be varied in accordance with Exhibit 1. The 7 days have now expired with no contact from any of the parties. 5 I am satisfied therefore that the proposed variation to the Award complies with the requirements of the Act and the principles outlined in the State Wage Case 2004. 6 Accordingly, pursuant to s17 of the Act, the Award will be varied in terms of amended schedule A to the application. The variation is to take effect on and from 6 July 2004 in accordance with the twelve month period from the last State Wage Case adjustment and shall remain in force for a period of twelve months. 7 These proceedings are formally concluded. Peter J. Sams, AM Deputy President DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.